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HomeMy WebLinkAboutAPS Affiliates, Inc - 1996-07-15S.- CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 5, 1996 Mr. David Bolton APS Affiliates, Incorporated 1571 North "E" Street San Bernardino, California 92405 Dear Mr. Bolton; CALIFORNIA 92648 The City Council of the City of Huntington Beach at the regular meeting held on July 15, 1996, approved execution of the enclosed agreement between the City of Huntington Beach and APS Affiliates, Incorporated for management of public access equipment, photocopying, and other related services throughout the library system. Enclosed is a duly executed copy of the agreement for your records. Sincerely, Connie Brockway City Clerk Enclosure: Agreement agrltr2/jc (Telephone: 714-536-5227 ) �ITY OF HUNTINGTON BEA d MEETING DATE: July 17,1996 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: Deferred/Continued to: I AAp roved ❑ Conditionally Approved ❑ Denied City Sia ature Council Meeting Date: July 17,1996 Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRM PREPARED BY: RON HAYDEN, DIRECTOR OF LIBRARY SE SUBJECT: Photocopying Contract with APS Affiliates Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: In order to provide photocopying and other fee based equipment services from a private company at the Central Library and Library Branches, the City Council must approve the agreement with APS Affiliates Inc. Funding Source: Not Applicable Recommended Action: Approve the agreement with APS Affiliates Inc. to provide photocopying and other related services throughout the library system. Alternative Action(s): 1. Do not approve agreement with APS Affiliates and select another company. 2. Do not privatize photocopying services and Library will continue with current services. Analysis: The Library System offers patrons fee based use of various equipment including photocopying, computers, printers, typewriters and microforms. Most of this equipment is W more than 7 years old, is in need of frequent repair and some needs to be replaced. The \ five microfilm readers, for example, need to be replaced and cost approximately $10,000 / each. To save capital funds and offer better service to our patrons, the Library Services Department worked with the Purchasing Division to solicit bids from companies interested in RCAAPS.DOC -2- 06/19/96 11:44 AM • REQUEST FOR ACTION 0 MEETING DATE: July 17,1996 DEPARTMENT ID NUMBER: providing these services. Three bids were received and evaluated. APS Affiliates, Inc. was selected because of their 12 years of business experience providing contract photocopier services to libraries, recommendations from other libraries, the quality of the equipment offered, both availability and quality of service, as well as their commission schedule. Under the agreement, APS Affiliates will provide 49 pieces of equipment, as described in the attached contract; both coin and debit card access for payment; and supplies, parts, and labor for maintenance. APS will pay a sliding scale of commissions, ranging from 15% of the first $8,000 in sales per month to 30% for the sales over $15,000. The public will benefit from newer, well -maintained equipment. The city will benefit from the cost savings of capital outlay expenses for replacement purchases of some equipment and lease -purchase of other. Net revenue received should be approximately the same as existing net revenue for the General Fund , which was $23,595 in 1995. (Gross revenue was $59,961, less expenses of $36,366 equals $23,595.) Based on 1995 usage, estimated revenue based on the percentage commission from APS will be approximately $24,000 for the General Fund. The FY96/97 General Fund Budget for the Library includes a $15,000 reduction due to the privatizing of photocopying. If this agreement is not approved, the Library would have to reduce from another program to balance the budget. Environmental Status: No negative impact Attachment(s): - Contract RCAAPS.DOC -3- 06/19/96 11:44 AM 0 Section 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND APS AFFILIATES, INC. FOR FACILITIES MANAGEMENT OF PUBLIC ACCESS EQUIPMENT IN THE LIBRARY SYSTEM TABLE OF CONTENTS WORK STATEMENT. CITY STAFF ASSISTANCE TIME OF PERFORMANCE COMPENSATION EXTRA WORK METHOD OF PAYMENT DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS INDEMNIFICATION, DEFENSE, HOLD HARMLESS WORKERS' COMPENSATION INSURANCE . CERTIFICATES OF INSURANCE INDEPENDENT CONTRACTOR TERMINATION OF AGREEMENT ASSIGNMENT AND SUBCONTRACTING COPYRIGHTS/PATENTS CITY EMPLOYEES AND OFFICIALS NOTICES IMMIGRATION LEGAL SERVICES SUBCONTRACTING PROHIBITED ATTORNEY FEES ENTIRETY r� Page .1 2 2 2 2 3 4 5 5 6 6 7 7 8 8 8 9 9 9 .10 3/k/APS/ 3/30/95 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND APS AFFILIATES, INC. FOR FACILITIES MANAGEMENT OF PUBLIC ACCESS EQUIPMENT IN THE LIBRARY SYSTEM THIS AGREEMENT is made and entered into this l 5-tf-" day of C , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and APS AFFILIATES, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY desires to engage the services of a contractor to management of public access equipment, such as self -serve photocopiers, dollar bill changers, micrographic reader printers, computers, CD ROM printers, etc. within the library system in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows: WORK STATEMENT CONTRACTOR shall provide all services as described in the CONTRACTOR'S Proposal dated April 9, 1996 (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONTRACTOR hereby designates David E. Bolton, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 3/k/APS/ 3/30/95 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than thirty six (36) months from the date of this Agreement. These times may be extended with the written permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be as shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONTRACTOR. 4. COMPENSATION In consideration of the performance of the services described herein, CONTRACTOR agrees to pay CITY as follows: 15% of net sales (after sales tax) of the first $8,000; 20% each $8,001410,000 25% of $10,000.01 - $15,000 30% of $15,000.01 and above 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A", or changes in the scope of services described in Exhibit "A", CONTRACTOR will undertake such work after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 2 3/k/APS/ 3/30/95 6. METHOD OF PAYMENT CONTRACTOR agrees to pay CITY on the 25th day of the following month in accordance with the progress and payment schedules set forth in Exhibit "A." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR shall indemnify and save and hold harmless CITY, its officers and employees, from any and all liability, including any claim of liability and any and all losses or costs arising out of the negligent performance of this Agreement by CONTRACTOR, its officers or employees. 9. WORKERS' COMPENSATION CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys' fees and costs presented, brought or recovered against CITY, 3WAPS/ 3/30/95 • • for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall obtain and furnish evidence to CITY of maintenance of statutory workers' compensation insurance and employers' liability in an amount of not less than $100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy limit. 10. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR'S covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY the following insurance policy covering the PROJECT: A. General Liability Insurance. A policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products, completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR'S insurance shall be primary. 4 3/k/APS/ 3/30/95 11. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 5 3/k/APS/ 3/30/95 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONTRACTOR'S services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing through the Director of Library Services, notice of which shall be delivered to CONTRACTOR as provided herein. 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of CITY. 15. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 17. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section I herein above) or to CITY'S Director of Library Services, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows: 6 3/k/APS/ 3/30/95 • TO CITY: Ron Hayden Director of Library Services 7111 Talbert Avenue Huntington Beach, CA 92648-1296 18. IMMIGRATION TO CONTRACTOR: David E. Bolton APS Affiliates, Inc. 1571 North "E" Street San Bernardino, CA 92405 CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 19. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 20. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 7 3/k/APS/ 3/30/95 21. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. APS AFFILIATES, INC. By. William R. Sikes, President By:L6z'—Ov�- Barbara Sike , SecretarylTreasurer CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Z>a'� lr�� �'- Mayor ATTEST: ccG G��-- City Clerk APPROVED AS TO FORM: ! � Co ykttorney J ,.f/ INITIATED D A PROVED: ) - n - 1-11� Director of Library rvices 3/k/APS/ 3/30/95 0 • FACILITIES MANAGEMENT SYSTEM PROPOSAL PREPARED FOR: HUNTINGTON BEACH PUBLIC LIBRARY SYSTEM 7111 TALBERT AVENUE HUNTINGTON BEACH, CA 92648-1296 PRESENTED TO: JAN HALVORSEN PREPARED BY: APS AFFILIATES 1571 NORTH E STREET SAN BERNARDINO, CA 92405 800-350-6058 DAVID E. BOLTON MARKETING SUBMITTED: TUESDAY, APRIL 9, 1996 Cam: Facilities Management Proposal Huntington Beach Public Library Table of Contents Item Description Page 1 Proposal ..................................................... 1 2 Equipment .................................................. 1 3 Library Options ........................................... 2 4 Vend Prices ................................................ 2 5 Change Fund .............................................. 2 6 Training...................................................... 3 7 Supplies ..................................................... 3 8 Service....................................................... 3 9 Bypass and Staff Copies ............................ 3 10 Commission ................................................ 3 11 Insurance .................................................... 3 12 Term of Agreement .................................... 3 13 Re -Openers & Annual Review ................... 3 14 Cancellation ............................................... 4 15 Arbitration................................................... 4 16 Customer Owned Equipment ...................... 4 17 Acceptance ................................................. 5 18 Equipment Schedule .................................. 6 19 Certificate of Insurance .............................. 8 20 References (Confidential) ............................ 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Facilities Mana eme�S stem Proposal • 9 Y p for the Huntington Beach Public Library Public Access Equipment with Debit Card APS Affiliates, Inc. will provide the following Facilities Management Cost -Per -Copy system to provide self -serve photocopiers, dollar bill changer, micrographic reader printers.. computers. CD ROM printers. OPAC printers. Public Fax and debit card operated systems to the Huntington Beach Public Library, located at 7111 Talbert Avenue, Huntington Beach, CA 92648-1296 and four Branch libraries. EQUIPMENT APS will install, assume, operate, maintain and service the following equipment as more fully set forth in Equipment Schedule I and ii: 1 SF-9800 Sharp High Speed Duplicator with ADF, Duplex, Sorter, Stapler for Acquisitions (Replacement for FP-2680 at end of current lease) 6 APS1000 APS High Speed Book copier equipped with coin mechanism and debit card [Central] 3 SF-7900 Sharp Book Copier, ADA equipped with coin mechanism and debit card [Central] 3 FP-1780* Panasonic Book Copiers equipped with coin mechanism. Libra,v Leased add debit card one in Central or Graham if space, one in Banning and one in Main Street Branch 1 FP-2680* Panasonic staff copier with Sorter, ADF. Library Leased. Acquistions[Central] 1 HP CopyJet* HP *or equivalent Color Copier equipped with coin mechanism and debit card [Central] 6 ACT Install ACT debit cards on library owned 605Z and one Minolta 503[Central] 16 Printer Install ACT debit card.. Interface and printers on CD ROM & OPAC workstations [Central] 2 ACT Install two debit card reader/ printer on A/B in childrens computer lab [Central] 3 Computers Install one 486DX4-100 Public Access Computer iv/laser printer, MS -Office, PC DOS,Windows,Print Shop Deluxe, Debit Card [Banning, Graham and Main Street Branches] 1 FAX Install one debit card public fax on library telephone line, charge $1 per page, commission at 50% [Central] LIBRARY OPTIONAL 2 Validator ACT Dispenser/Encoder (one in copy center, one to be determined)[Central] one validator may be equipped with credit card value adder 1 Ro-tve BD35 Dollar Bill Changer [Central] I Cabinet Storage Cabinet for supplies, locking[Central] 4 Typewriters Electronic Typewriters on work stands [Central] [See attached Equipment Schedule] 1 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 APS will assume the operation of -the existing Minolta 605Z micrographic reade inters. Whenever any of the existing 605Z reader printers outlives their useful life, APS will replace those units with current model reader printers. APS will assume the operation of the existing Minolta 503 micrographic reader printer and will replace it when it outlives it usefiil life. APS will provide two ACT Card Dispenser/Encoder to be located in the main library. The Dispenser/Encoder will accept $L $5. $10 and $20 Bills. The debit cards will cost 50¢ and have 50¢ pre -encoded copy value and will sell for $1 each. including sales tax computed to the nearest mil. The 50e card charge covers the cost and sale of the card and is non-reftmdable. The card holder may add value to the card by inserting the card into the Encoder and inserting $1, $5. $10 or $20 bills into the encoder which will add the appropriate value onto the card. The ACT Dispenser/Encoder does not give change. APS will install and operate three personal computers equipped as follows: 486DX4-100, 8 MB RAM, 540 MB HD. 1.44 FDD. SVGA Monitor. Keyboard. mouse. laser printer, debit card access control system and the following software:DOS. Windows, MS OFFICE (Word. Excel and PowerPoint) and Print Shop Deluxe. [one each in Banning. Main Street and Graham] APS will install one replacement for staff Panasonic FP-2680 at end of lease with a Sharp 9800 high speed office duplicator equipped with automatic document feed., duplex and 15 bin sorter and stapler. LIBRARY will receive 6.000 free copies per month for staff use and will be charged at the rate of 3.1¢ per coPy including paper for all copies exceed the 6.000 free per month.. Any excess copy charges will be deducted from the commissions earned. These same terms will apply to the FP-2680 until it is replaced. LIBRARY OPTIONS APS will install and operate one public access debit card controlled public fax machine on a line to be provided by the library. The fax rate will be $1.00 per page and the commission to the library will be 50%. APS will provide additional copiers, computers, printers and the controlling of additional CD ROM/ OPAC or other LAN as requested, including extra copier(s) for the tax season and to meet future growth. VEND PRICES APS offers the following vend prices: Photocopies 8-1/2" x IF and 8-1/2" x 14" Color Copies 8-1/2" x I I" and 8-1/2" x 14" Micrographic Fiche and Film Prints OPAC and CD ROM printers Childrens Computers printer Computers. PC Electronic Typewriters FAX 20¢ coin, 150 Debit Card $1.00 coin,80¢ Debit Card 25v coin. 20d Debit Card 15dpage, Debit Card Only- 15¢ print $3.00 hour. 150 print DebitCard Only(branches) $2.00 per hour, coin only $1.00 per page. Debit Card Only CHANGE FUND APS will provide the Central Library and each branch with a change Rind in the amount of $30.00 and a receipt system for the purpose of making refunds when copiers or change machines malfunction. LIBRARY will assume full responsibility for the safekeeping of the change fund. The Change Fund will be replenished at the time the machines are being collected or as needed. 115 TRAINING • • 116 APS will provide all necessary Key Operator training for your LIBRARY staff so that they will be able to 117 effectively operate all equipment provided. Key Operators will immediately notify APS of any problem requiring 118 technical assistance by calling our toll -free number. 800-527-3331. 119 120 SUPPLIES 121 APS provides only the finest quality paper in our copiers. The paper is 20 lb., long grain bond, no less than 86 122 bright. We have found that only the best paper and toner yield the best copy quality. The paper we use is cleaner 123 than standard copy paper, thus the copier does not get as dirty and has less down -time than copiers that use inferior 124 grades of paper and generic toners. 125 126 SERVICE 127 APS Affiliates provides scheduled maintenance service Mondays through Fridays from 8:00 a.m. to 5:00 p.m. and 128 emergency service seven days a week from 8:00 a.m. to 5:00 p.m.. Service calls are accepted seven days a week, 24 129 hours a day through one of several 800 service numbers. The lines are staffed Monday through Friday from 800 130 a.m. through 5:00 p.m. and through our voice mail/answering system during after-hours. holidays and weekends. 131 Your service requests will be handled by our skilled factory trained. technicians. Our technicians operated from our 132 fleet of radio -dispatched fully stocked service vehicles that carry parts. supplies and paper necessary to operate and 133 maintain your Facilities Management Cost -per -Copy System. Emergency Parts Orders are available to augment the 134 normal part's inventory. 135 136 Maintenance and service scheduling will be according to the factory recommendations for preventative 137 maintenance and "emergency service' will be on an "as -needed' basis. Our average response time is four hours. 138 The machines will be collected on a routine basis by our service technicians or customer service representatives. 139 14o BYPASS AND STAFF COPIES 141 Main library staff will be provided with ten 100 unit debit cards for use in giving bypass and refund copies to 142 patrons. Cards will be replaced or re -encoded when they become exhausted of copies. Each Branch library will be 143 provided with two 100 unit staff refund debit cards to make refund copies. Each Branch library will be provided 144 with two 200 unit debit cards for staff use each month. Additional staff copies can be purchased on one hundred 145 unit debit cards at the rate of 3.1¢ per copy plus 50¢ core deposit and sales tax. 146 147 COMMISSION 148 APS will pay to the Huntington Beach Public Library a commission as follows: 149 Sales Volume Net Sales Per Month Monthly Commission Rate Range From To 1 $ 0,000.01 $ 8,000.00 15% 2 $ 8.000.01 $10,000.00 20% 3 $10.000.01 $15.000.00 25% 4 $15.000.01 and above monthly sales $ 30% 150 All commissions earned are paid monthly, on the 25th day of the following month. 151 152 INSURANCE 153 APS will provide a Certificate of Insurance with the City of Huntington Beach and the Huntington Beach Public 154 Library named as additionally insured. The amount of insurance will be $1,000.000.00. Additionally. APS will 155 "hold harmless' the City of Huntington Beach and the Huntington Beach Public Library. 156 157 TERM OF AGREEMENT 158 This agreement shall be for a period of 36 months from the date of complete installation after which it will be 159 extended for additional 12 month periods unless canceled in writing 30 days prior to the end of any 12 month 160 extension period. 161 162 RE-OPENERS/ANNUAL REVIEW 163 This "Agreement" provides for an annual review of the copier vending operation provided to the Huntington Beach 164 Public Library by APS Affiliates. Items to come under review shall include. but not be limited to, performance of 165 service responsiveness, evaluatiorTof the equipment as it pertains to meeting e needs of the LIBRARY and 166 suggestions that may improve the overall operation of this enterprise. 167 This "Agreement" may also be "re -opened" for modification(s) during the "annual review." Any details contained 168 within the "Agreement' are subject to modification at the annual review meeting and shall become binding upon 169 the written agreement of both parties. The scope of such items could include, but are not limited to. changing the 170 vend prices.. term of agreement, changing or upgrading equipment.. adding equipment, changing the commission 171 plan. bypass copies. charges for bypass copies and so forth. 172 173 This Agreement may only be changed by written amendment signed by APS and the authorized representative of 174 the LIBRARY. 175 176 CANCELLATION 177 The LIBRARY may cancel this agreement for cause if the vendor. APS. defaults or violates the terms of this 178 Agreement. unless it is out of the vendors control. by giving the vendor a written 30 day notice of intent to cancel 179 for cause. The LIBRARY may cancel this Agreement for "non -funding' with a 30 day written notice. 180 181 Items that are considered "Cause' include: failure to replace any piece of equipment that has more than 10 failures 182 in any 30 day period. failure to respond to a service request within four contiguous working hours, failure to deliver 183 paper. toner and other supplies within six contiguous working hours, failure to pay commissions on or before the 184 25th day of the following month or lapses in or cancellation of our liability insurance. 185 186 Exceptions to "Cause' are elements that are out of the control of APS or act of God. Such elements could include: 187 traffic or weather conditions or natural disasters that cause delays in travel or transportation, earthquakes, strike by 188 supplies. out of stock conditions of suppliers or product unavailability from suppliers. 189 190 ARBITRATION 191 Any controversy between the Huntington Beach Public Library and APS Affiliates, involving the construction or 192 application of anv of the terms, provisions. or conditions of this Agreement shall on the written request of either 193 party served on the other be submitted to arbitration, and such arbitration shall comply with and be governed by the 194 provisions of the American Arbitration Association. The cost of arbitration shall be borne by the losing party or in 195 such proportion as arbitrator shall decide. 196 197 CUSTOMER OWNED EQUIPMENT 198 Huntington Beach Library owns and is leasing a number of photocopiers, micrographic reader printers and a Rowe 199 BC-35 change machine and other equipment. APS makes the following proposal for the existing equipment: 200 201 APS will assume the lease for the existing FP-2680 and three FP-1780 Panasonic Book copiers and acquire the 202 copiers. At the conclusion of the current lease, the copiers will be replaced with current model public access 203 copiers. 204 205 The library currently owns seven Panasonic FP-3000 series coin operated copiers consisting of FP-3007 and FP- 206 3037 models. There are five located in the Central library. one in Banning and Main Street Branch libraries. APS 207 will pay $500.00 for each copier and replace it with a new book or ADA (x.4,vD/c.4.PPED) copier that will be owned 208 and operated by APS. 209 210 APS will assume the lease. aqquire and maintain the Rowe BC-35 bill changer operated by the library. APS will 211 install and operate an additional Hamilton bill changer in the library if needed. 212 213 APS will assume the operation of the existing Minolta micrographic 605Z reader printers. and will provide all 214 necessary supplies, parts and labor. APS will assume the operation of the Minolta 503 Fiche, including all 215 maintenance. parts and supplies until the machine is no longer serviceable. APS will install debit card readers on 216 all existing Micrographic Equipment. 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 • • FACILITIES MANAGEMENT SYSTEM AGREEMENT Accepted for Huntington Beach Public Library Accepted for APS Affiliates BY�� Date: -9 BY: Date: HUNTINGTON BEACH PUBLIC LIBRARY LOCATIONS Central Library 7111 Talbert Street Huntington Beach, CA 92648-1296 Banning Library 9281 Banning Avenue Huntington Beach. CA 92646-8302 Oakview Libran 17251 Oak Lane Huntington Beach. CA 92648 [At Libras Request, copier and computer is not included in initial vlanl Branches: Main Street Library 525 Main Street Huntington Beach. CA 92648-5133 Telephone Numbers: 714-960-8836 MAIN 714-375-5180 FAX 714-842-4481 REF Graham Library 15982 Graham Street Huntington Beach. CA 92649-1724 be included if space can be 5 Location Present Equipment Replacement Equipment Copy Center Rowe BD35 Changer Rowe BD35 Changer or Hamilton VC2 Copy Center Panasonic FP-1780 Book Copier APS1000 High Speed Book Co ier, coin and debit card Copy Center Panasonic FP-1780 Book Copier APS1000 High Speed Book Copier, coin and debit card Copy Center Wane APS1000 High Speed Book Copier, coin and debit card Copy Center Panasonic FP-3007 Sharp SF-7900 Book Copier, coin and debit card Copy Center Panasonic FP-3007 APS1000 High Speed Book Copier, coin and debit card Copy Center Note HPCopyjet Color Copier with :__ _ ................_ _ . . coin and debit card Copy Center IBM Selectric Typewriters Swintec 7000 Electronic T ewriter coin operated Copy Center IBM Selectric Typewriters Swintec 7000 Electronic Typewriter coin operated Copy Center IBM Selectric Typewriters Swintec 7000 Electronic T ewriter coin operated Copy Center IBM Selectric Typewriters Swintec 7000 Electronic T ewriter coin operated Copy Center IBM Selectric Typewriters ............................................................................. Ta BE P HASED TOUT Copy Center ......... _ _. None ACT Debit Card Dispenser and : Encoder Copy Center tv:ne . Public Fax, debit card only Co Center Ntirte Stora a Cabinet for Supplies Acquisitions -staff use only Panasonic FP-2680 Staff Copier SF-9800 High Speed Duplicator with ADF, Sorter s with ADF, Duplex, Sorter/Stapler Micrographic Reader Printer Minolta 605Z, fiche/film with coin Install ACT Card Reader Micro a operation Micrographic Reader Printer Minolta 605Z, fiche/film with coin Install ACT Card Reader Micro a operation Micrographic Reader Printer Minolta 605Z, fiche/film with coin Install ACT Card Reader Micro a operation Micrographic Reader Printer Minolta 605Z, fiche/film with coin Install ACT Card Reader Micro operation Micrographic Reader Printer Minolta 605Z, fiche/film with coin Install ACT Card Reader Micro operation Micrographic Reader Printer Minolta 503, fiche with coin op 4Install ACT Card Reader Reference CD ROM Reference #1 News Index, ThinkJet ............................................................................... . To E P;CaasEDO�iT CD ROM Reference #2 IAC with Okidata printer HP600 with interface and debit card CD ROM Reference #3 IAC with Okidata printer HP600 with interface and debit card CD ROM Reference #4 IAC with Okidata printer HP600 with interface and debit card CD ROM Reference #5 IAC with Okidata printer HP600 with interface and debit card CD ROM Newsbank Panasonic printer HP600 with interface Orange County Register and debit card CD ROM Newsbank Panasonic printer HP600 with interface Los Angeles Times and debit card CD ROM Station Childrens Epson 800 printer HP600 with interface and debit card 273 274 275 276 277 278 279 280 Location Present Equipment Replacement Equipment CD ROM Station Childrens ............................................................................. rto printer HP600 with interface and debit card Childrens OPAL no printer :'I HP600 with interface and debit card Micrographic Center OPAC #2 OPAC HP600 with interface no tinter . and debit card Reference OPAC OPAC HP600 with interface no` rrntlbr,_ . and debit card Reference OPAC #9 OF�AC .._ __............._ .__......._ _._......__ _.......... HP600 with interface .................................................................................. .................................................................................. na "rinter and debit card Reference OPAC #12 OPAG HP600 with interface RO finter ;.> .........::..............................................................:......:. and debit card 2 Childrens OPAC #14 OPAC shared printer HP600 with interface A-B Shared and debit card 3 Childrens OPAC #15 OPAC shared printer HP600 with interface A-B-C Shared and debit card Childrens Computer Room tlo printer HP600 with interface 2 computers A-B shared and debit card Childrens Computer Room no prnter HP600 with interface 2 computers A-B shared __._. <.. and debit card Childrens Computer Room no printer HP600 with interface 2 computers A-B shared ......................:...................:.................................:::::: and debit card Childrens Panasonic FP-3037 SF-7900 Book copier with coin and debit card Level 4 Panasonic FP-1780 SF-7900 Book copier with to Graham Library if room coin and debit card Level 4 Panasonic FP-3007 APS 1000 High Speed Book copier, coin and debit card Genealogy Panasonic FP-3007 APS1000 High Speed Book copier, coin and debit card Banning Library Panasonic FP-3007 2 FP-1780 Book Copier with coin and debit card ' Banning Libra ............................................................................ ................................................................................. no com liter::': PC with printer, debit card only Main Street Library Panasonic FP-3007 FP-1780 Book Copier with coin and debit card ' Main Street Libra ................................................................................... <na cl3ri7 utec PC with printer, debit card only Graham Library rto copier FP-1780'Book.Copler with coin and debit card'if space,:can tie . found '. _ _. Graham Libra no Cord utec < PC with printer, debit card only 1 FP-1780 Book Copier on lease to be assumed by APS. APS will assume ownership at the end ofthe lease. 2 FP-3007 and FP-3037 to be purchased from Huntington Beach Library as set forth in the agreement. 3 FP-2680 office copier on lease to be assumed by APS. APS will assume ownership at the end ofthe lease. 4 APS will assume the operation ofthe existing Minolta 6057's and 503. to include all maintenance, parts. supplies and add debit card readers. APS will replace the existing Minolta reader printers when they become unserviceable. 5 Rowe BD35 Changer leased by Libras' for $100 per month. APS will assume cost of lease and ownership at end of lease and will replace changer should it become unserviceable. Certificate of Insurance A Certificate of Insurance with the City of Huntington Beach as additional named insured will be forthcoming. 0 REFERENCE LIST • We currently are doing business with the following major library accounts: LIBRARY ACCOUNTS Los Angeles County Library System Copiers since 1990 7400 East Imperial Highway Downey, CA 90242 310-940-8485 Contact: Yolanda Young, Contract Service Coordinator SAN BERNARDINO COUNTY LIBRARY SYSTEM 104 West Fourth Street San Bernardino, CA 92401 909-383-1734 Contact: Rick Erickson CITY OF ORANGE PUBLIC LIBRARY 101 North Center Street Orange, CA 92666 714-532-0391 Contact: Eugenia Wong CITY OF NEWPORT BEACH PUBLIC LIBRARY 856 San Clemente Drive Newport Beach, CA 92660 714-777-3800 Contact: Robin Weed -Brown CITY OF SAN BERNARDINO Feldheim Library 555 West Sixth Street San Bernardino, CA 92410 909-381-8210 Contact: Robert Ewing, Director COLTON CITY LIBRARY 656 Noth Ninth Street Colton, CA 92324 909-370-5083 Contact: David Davis, Director ALHAMBRA PUBLIC LIBRARY 401 North Main Street Alhambra, CA 91081 818-570-5008 Contact: Carol Stone. Director CITY OF ARCADIA LIBRARY 20 West Duarte Road Arcadia, CA 91007 818-446-7112 Contact: Janet Sproleder, Assistant City Librarian CORONA PUBLIC LIBRARY 1720 West Sixth Street Corona, CA 91720 909-736-2382 Contact: Nora Jacobs Copiers since 1974 Copiers since 1984 Debit Card Systems since 1985 Full Service since 1994 Full Service since 1989 Copiers since 1982 Copiers and Micrographics since 1989 Full Service since Fall 1994 Copiers and Micrographics since 1984 • LIBRARIES (Continued) 9 CITY OF COMMERCE PUBLIC LIBRARY 5655 Jilson Street Commerce, CA 90040 213-722-6660 Contact: Robert Conover, City Librarian YORBA LINDA PUBLIC LIBRARY 18181 Imperial Highway Yorba Linda, CA 92686 714-777-2873 Contact: Carolann Tassios, Director PALMDALE CITY LIBRARY 700 East Palmdale Blvd. Palmdale, CA 93550 805-267-5601 Contact: Terri Maguire, Principle Librarian DOWNEY CITY LIBRARY 11121 Brookshire Downey, CA 90214-7015 310-904-7365 Contact: Vicky Jenkins, City Librarian Jan Palen, Principle Librarian RANCHO CUCAMONGA CITY LIBRARY Archibald Avenue Rancho Cucamonga, CA 909-948-9900 Contact: Deborah Kaye Clark, City Librarian Richard Karatsu, Principle Librarian UPLAND CITY LIBRARY 450 North Euclid Avenue Upland, California 909-981-1033 Contact:Linda Yao, City Librarian Marie Boyd, Principal Librarian ONTARIO CITY LIBRARY 215 East C Street Ontario, CA 91764-4198 909-988-8481 Contact: Sue Jackson Luce, Director Judy Evans, Principal Librarian TORRANCE PUBLIC LIBRARY 3301 Torrance Blvd. Torrance, CA 90503-5053 310-618-5968 Contact: Nancy Coffey, Sr. Librarian Copiers since 1984 Copiers and Micrographics since 1992 Full Service since 1983 Debit Card. Computer Micrographic. CD ROM Spring 1995 Spring 1995 Fall 1994 Full Service Spring 1995 Full Service Spring 1995 Full Service Debit Card Computer, CD ROM Micrographics 0:* 0a. 96 09 ; 00 .4h!I * I RM INSURANCE P 0 1 r �1� T �►�i�ti��o �At�irs,§c/ .;�1' A�'1E i1n/1 PRODUCER THISRTIFICA 19 ISSUED AS A MATTER OF INFORMATIONONLY AND NO RIOHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OT AMEND, EXTEND OR ALTER THE COVERA09 AFFORDED BY THE POLICIES BELOW. r�, l�.;�:• 1 7 a�3�1 COMPANIES AFFORDING COVERAGE ',, s>��fa �.:z 1"{ �', rl, '7''w f� '�, • fir. COMPANY A AMER IC 1 ��r y-iES 3I1Ia�. CO. LETTE COMPANY �i�r.•F! I'•I P sci!sYl"C 1.I�Jlt�s,.IJe l• E! . INSURED LETTER AI P. COMPANY + 7¢`4i( •��i�l��,. {r !..�;I�;�R'�Y' LETTER _ _ ... 'I1Ir I:! REET COMPANY..:. D *+ie�405 LETTER COMPANY E LETTER CdVlQEAfES , Y f �, 4 Fi w° .. TH;S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE.INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT:VITHSTANDINO ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOFIDED BY THE POLICIES DESCRIBED HEREIN IB SUBJECT TO ALI, THE. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN _ MAY HAVE BEEN REDUCED BY PAID CLAIMS. . ...... ........ ... --- ... ......__ ......_ . _..... _. .... ...... CU .....:. _ _. .... POLICY 6PFECTIVE POLICY PXPIRATION. LTA; TYPE OF INSURANGS POLICY NUMBER DATIE (MMIDDIYY) i DATE (MMiDD/YY) LIMIT$ GENERAL LIABILITY �, I yr ;" .A C''071t?7 GENERAL AflpREl3P.TE 5 .... .... __..._ s 006AMERCIAL GENERAL LIABILITY ; _. PRODUCTS•COU PLOP AGG. ; $ CLAIM® MADE. ''{ OCCUR., •.... . .. -._.. PERSONAL & ADV. INJURY 5 .. .... ... .. . O D OWNER'S A CQNTAACT.00CURRENCE R'6 , ROTr .EACH OCCURREE NCE S i r ... i .,A .% . �• f 1.. �..._..., .. FIRE DAMAGE (Any one tire) $ :701 `..:'I_1`..' i._........ .... ..:.:._... .. MED. EXPENSE (Any ory wsen) $ 91 -, AUTOMOBILE LIABILITY i C ; ;;c. i •;?i; b'r lF V" r r;,J S i i' 'q ,w� r,.:° �' r,„' COMBINED SINGLE : s .. .,, ANY AUTO LIMIT S.rr'r.1",f"1 ALL OWNED AUTOS SCHEDULED AUTOS I 1BODILY INJURY $ / ; (Per per6on) HIRED AUTOS BODILY Itv URY f NON -OWNED AUTOS (Per eccwenl) $ GARAGE LIABILITY PROPERTY DAMAGE 8 FXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE S OTHER THAN UPABRELLA FORM ;.., ..�.r.: :�' t� Ci L,r T , '•..� �, °; x STATUTORY LiMITS WORKER'S CDMP9N6ATION ., .. .. ._ ... .... ...... . EACH ACCIDENT AND M ._ DISEASE—Pr l.J • EMgLOYERS' LtAS1LITY ! DISEASE—EACH. EMPLIC 'EE ' 8 OTHrq i OPSCRIPTION OF OPERATION$/LOCATIONSIVENICLESISPECIAL.IYEhMS _ .). TY t...��_ `.t., .'•� ,:1 �..V .4_ µi.Nil rC.f'll- 1_ QY{".r_,' $ :4' F. i'`.!Ai E7 , i-: 4r .1'.;,. a `,'('•fi�1 �. Iv:1[,ssf c �,. a t^a a't t ';I��!b -xr,r I i';•l`�� L ']:.,4O: llf Ir hl0 "t .n; aT'r !( el mpS` CEiiYIFIGgT'E Hd,�CEF�;,, ,�t` �." ,' ' •` ,.;,;�I" ' .�.:.sCI�NC�L,�A71gFE<'�Ir ,;i�'I �I _ -' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i' EXPIRATION DATE THEREOF, THE 158UING COMPANY WILLT" MAIL "" DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 5 !!': 6'3 s•e,t�I;til;:i C.i�Li}' •J,='y .�' i. .�SY _ IIIIT_.GA1 eesl! „ru I�TIPC O'JA1L 16d[ A LEFT, t1v,•lSw- -■ ii—�— -----—il�oilas �i i(�a.rsA�wrr(i1i mR ■rwlgllw it ..I f,;J--.I. x'J v'X Y4_4 }'''I .I'I.:'J.,',♦}Si •!'� 'I,Y /$_'.`.),4�i"'� � `..•. �.�. .��.w..�-�-.�_._._�.. '`'• AUTH D REP ESEN ATIV �t O Oo. 9E 09 '. 00�I RM INSURANCE Y02 THIS ENDUP '—fiNT'CHANGtES THE POLICY. PLEASE tREA> CAREFULLY. alas ADDITIONAL. INSURED DEESIGNATED PERSON cc 20 zs 11185 w+sCZW— h' NA'r5UZCOO OR ORGANIZATION COMMERCIAL GENERAL LIABILITY This endwsement modifies Insurance provcded under the following: COP MERCIAL GENERAL LIABILITY COVERAGE PART SCHEnULE Name at Person or Organtzatlon: CITY OF HU TINGTON BEACH ITS OFFICERS AND EMPLOYEES (it no entry appears above, information reouired to compiete this cndorspm, :m w:!' ko Shawn in the Declarations as appllCable to this erlslorsement,) WHO IS AN INSURED (Section !i) is amended to include as an Insureri v,,? Person or organization shown in the Schedule as an Insured but only with respect to Iiabiiity arising out of your operations or premir.es Owned by or rented to you. Copyrlghl, Insurance Services Wre, Inc., 1984